WILMINGTON, DELAWARE — A jury as ruled in favor of of the plaintiff in the case of a New Jersey woman who experienced multiple surgeries and extensive complications as the result of a transvaginal mesh implant manufactured by Boston Scientific Corp.
The news came down in the U.S. Superior Court in Wilmington, Delaware, where they awarded the Newark woman an incredible $100 million sum at the conclusion of a two week trial in which the plaintiff detailed her medical woes, which have included two surgeries and a host of medical complications. Notably, despite the multiple operations, the woman still has fragments of the transvaginal mesh implant embedded within her body.
The 51-year-old woman reportedly underwent surgery in May of 2009, receiving the transvaginal mesh implant as a treatment for stress urinary incontinence and pelvic organ prolapse — two very common conditions that are frequently treated using the transvaginal mesh patches that have come under fire in recent years.
In addition to medical bills and other losses associated with hospitalizations and her medical complications, the woman has reportedly suffered from chronic pain during intercourse, repeated urinary tract infections and other complications.
In this trial, the jury ruled in favor of the plaintiff, finding that Boston Scientific Corp — one of seven pelvic mesh manufacturers that has come under fire in a slew of personal injury lawsuits — was negligent. It’s alleged that they failed to ward physicians and patients of the risks of the medical implant, which many claim was poorly designed and poorly tested.
In fact, in a separate and unrelated court proceeding, a representative for one transvaginal mesh manufacturer admitted that his company’s pelvic mesh implants were never tested in live humans. As a result, the company failed to realize some of the risks such as erosion of nearby organs and damage from a “sawing” motion that can occur as a result of natural movements. Natural movements have caused the pelvic mesh patches to damage nearby organs, causing bleeding, infection, chronic pain and a host of other ailments.
Transvaginal mesh implants are now classified as a “high risk” device according to the United States Food and Drug Administration (FDA). To date, over 40 transvaginal mesh implants have been recalled by the FDA. Manufacturers have issued voluntary recalls for a number of additional devices as well.
This award against Boston Scientific Corp. is one of the highest to date. Pelvic mesh settlements reportedly average anywhere from $45,000 to $400,000, although a number have settled for multi-million dollar figures. A Texas woman recently received a sum of over $73 million.
Boston Scientific Corp. will be appearing in the Southern District of West Virginia federal court this coming week on June 2, 2015, as U.S. District Court Judge Joseph Goodwin has scheduled a joint conference which will deal in the potential resolution of over 70,000 transvaginal mesh lawsuits filed against 7 manufacturers in a tremendous multi-district litigation case, also known as an MDL case.
Judge Goodwin has reportedly vowed to take these cases to trial as soon as possible. It’s expected that many manufacturers will pursue settlements — in fact, many such as American Medical Systems, already have offered thousands of settlements. The Bellwether trials saw consistent rulings in favor of the plaintiffs, who were awarded millions in some cases so many manufacturers are expected to settle in advance of trial to avoid multi-milllion dollar awards.
Notably, of the seven TVM manufacturers involved in the MDL case, Johnson & Johnson subsidiary Ethicon accounts for the largest number of lawsuits. The other involved manufacturers are C.R. Bard, Coloplast, Boston Scientific Corp., American Medical Systems, Cook and Neomedic.
If you’ve suffered an injury or complication as a result of a transvaginal mesh implant, bladder sling implant, pelvic mesh or pelvic sling device, there is still time to take action.
The Meldofsky Law Firm is currently accepting new clients who have suffered physical injury, financial losses and emotional trauma as a result of complications from one of these devices. The Meldofsky Law Firm can be reached by phone at 877-274-8672.